Ten Days Following an Alpharetta DUI Arrest
During the 10 days following a DUI arrest, you should immediately contact an attorney. An attorney can advise you on what the possible outcomes of the case are. A lawyer can also engage the services of an investigator to obtain police reports, video recordings, 911 calls, and other evidence that the city of Alpharetta may use against you. The sooner you contact an attorney, the sooner that process can begin to develop a defense for your case. To get started, schedule a consultation today.
Driving within 30 Days of an Arrest in Alpharetta
Your license will remain valid during the 30-day period following an arrest for DUI. If there is nothing else that is causing their license to be suspended, they will remain valid to drive. During the 30 days, a defendant needs to have a lawyer send a request for a hearing to protect their driver’s license. If they refuse to take a test, they have the option of sending the request for a hearing within 30 days or obtaining an ignition interlock device and getting a limited permit that is valid for 12 months while the DUI is pending. A person will be able to continue to drive, but they need to put a plan in place to protect their driver’s license after the 30 days.
Recent Changes to a Person’s Ability to Drive within 30 Days of an Arrest
The most recent change in Alpharetta law regarding a person’s ability to drive after a DUI is that the deadline to filing their request for hearing was moved from 10 days to 30 days several years ago. There is also the option in some instances of putting an ignition interlock device in their vehicle to continue to drive after the 30 days if they refuse to take the test.
Challenging the Suspension of a License
A person can challenge the suspension of their license in Alpharetta by filing the request for a hearing. Oftentimes, a lawyer can speak with the police officer and try to negotiate for the defendant to keep their license. If necessary, a hearing can be held where the state has to show that they were lawfully stopped, lawfully arrested, properly advised of their implied consent rights, and that they either took a test that was above the legal limit, or refused the test.
Obtaining a Limited License with an Ignition Interlock Device
A driver can obtain a restricted license in Alpharetta by putting an ignition interlock device in their car if they refused the test. If the driver took the test, even if they are suspended, they can also immediately apply for and get a limited permit from the Georgia Department of Driver Services, assuming it is a first offense.
If it is a second offense or more, the rules are different. A limited permit generally is not available, nor is an ignition interlock device allowed under those circumstances. Unfortunately, the ignition interlock device option is also not available if a person is under 21 or if the person has an out-of-state driver’s license.
Hire a Legal Professional Today
The ten days following a DUI arrest in Alpharetta could prove to be the most important when trying to combat the accusations made against you. Contrary to popular belief, the devices and tests conducted by law enforcement are flawed, and an experienced attorney may be able to help you challenge the evidence in your case. If you wish to challenge a DUI arrest, or wish to learn more about building a defense, be sure to speak with an attorney today.